NDPC Directs TikTok, X To Enforce Privacy Guidelines Amid BRT Bus Filming Uproar

The Nigeria Data Protection Commission (NDPC) has directed platform owners, including TikTok, X and Meta, to enforce community guidelines against content creators over unauthorised filming of members of the general public by content creators amid public uproar on privacy rights.

The warning came amid public outcry by Lagos State residents over a recent incident of public filming by a content creator identified as @Ella_Edit10, who, in the course of lamenting the non-availability of BRT buses in several viral videos, was met with resistance over recording fellow passengers without permission.

NDPC condemned the unauthorised filming of unsuspecting members of the general public and warned content creators against the sharing of such footage on social media platforms.

In a Friday statement signed by Babatunde Bamigboye, the Head of Legal, Enforcement and Regulations, the commission stated that the acts violate the rights of citizens to informational self-determination, citing section 37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act, 2023 (NDP Act).

The statement reads, “The attention of the Nigeria Data Protection Commission (NDPC) has been drawn to the activities of individuals who take pictures and video footage of unsuspecting members of the general public and share the same on social media platforms.

“These acts violate the rights of citizens to informational self-determination as guaranteed under S.37 of the 1999 Constitution of the Federal Republic of Nigeria and the Nigeria Data Protection Act, 2023 (NDP Act).”

The NDPC explained that the recent incident involving the content creator filming ‘reality shows’ on Lagos roadsides has raised serious concerns about the abuse of privacy rights in the name of entertainment.

The Commission stressed that processing the images of people, in this circumstance, requires consent unless the creator can justify her actions under other lawful bases of data processing.

The statement further reads, “Preliminary investigation by the Commission reveals that this willful invasion of citizens’ privacy serves neither a public nor a legitimate interest.

“In any event, the data subjects involved have no expectation that their images will be captured and shared with the whole world by an unknown individual.”

In the wake of this development, the National Commissioner/CEO of the Commission, Dr Vincent Olatunji, has directed TikTok, X, and Meta to step up enforcement of community guidelines with a view to preventing harm to individuals through unlawful and unfair processing of personal data.

The NDPC warned that where a platform owner fails or neglects to act timely in addressing harms, the Commission will not hesitate to impose appropriate sanctions under the Nigeria Data Protection (NDP) Act.

“More importantly, individual content creators are accountable for their acts and omissions, and may be liable to criminal prosecution for violating the privacy rights of citizens and other data subjects in Nigeria,” the statement concluded.